Republic of the Philippines

METROPOLITAN TRIAL COURT

CITY OF MARIKINA
Branch 2

LANI ROBERTO,
Plaintiff,
SCA CASE NO. 012-34
-versus- FOR: FORCIBLE ENTRY

JUN ALIT, JONG FRANCE LIMPIT,

RONY DULAO, CIXTO MORON, and all
other persons claiming rights under
them.
Defendant/s.
x---------------------------------------------x

PRE-TRIAL BRIEF

Defendants, JUN ALIT and JONG FRANCE LIMPIT, most

respectfully submit this Pre-Trial Brief in compliance with the trial
court’s order received on February 24, 2016.

I. SUMMARY OF ADMITTED FACTS AND PROPOSED

STIPULATION OF FACTS

The following are the admitted facts:

1. The identities of the defendants, Jun Alit and Jong France

Limpit.

2. The identity of the plaintiff, Lani Roberto.

3. The fact that plaintiff entered into a compromise agreement with

the defendants, Rony Dulao and Cixto Moron.

4. The fact that it was defendants Rony Dulao and Cixto Moron
who forcibly removed the fence of plaintiff Lani Roberto and
returned it upon demand of the latter.

5. All the allegations stated in the Answer and Judicial Affidavit of

the defendants, Jun Alit and Jong France Limpit.

II. LEGAL ISSUES TO BE TRIED OR RESOLVED:

1. Whether the Plaintiff has a cause of action to file this case;

2. Assuming that the plaintiff has cause of action to file the instant case,
whether the defendants Jun Alit and Jong France Limpit are the
proper parties to whom plaintiff seek relief.

3. Whether the defendants Jun Alit and Jong France Limpit are
entitled for payment of damages for the plaintiff’s baseless accusation.
III. EVIDENCE FOR MARKINGS

1. Judicial Affidavits of Jun Alit and Jong France Limpit;

2. Transfer Certificate of Title No. 231556 dated June 13, 1922 in

the name of Asia General Corporation.

3. Certified True copy of the Memorandum of Agreement between

Atlanta Gen. Corp. and Lakas Bisig Homeowners Association Inc.

4. Temporary Receipt No. 2310 and No. 2400 both issued under
the name of Wilma Roberto.

5. Certificate of Registration issued by the Housing and Land Use

Regulatory Board with certificate No. 19856.

6. Photograph 1 showing the picture of Lani Roberto’s property

with cements in front of his house evidencing his action of making
fenced over properties he claimed.

7. Photograph 2 showing the right side (south) of the property of

Lani Roberto’s showing the edge of the concreted house of Roberto,
where the alleged bamboo fenced of Roberto that was removed by
Dulao and Moron was positioned 3 meters away.

8. Photograph 3 showing the right side of the property of Roberto

fenced and cemented. The cemented fenced was beyond 3 meters
mark where Dulao and Moron allegedly removed and returned the
bamboo fenced.

9. Photograph 4 showing the front lot claimed by Roberto.

10. Photograph 1 showing the lot where a member of Lakas Bisig

was supposed to construct his house but was ordered stopped by
Lani Roberto.

11. Photographs 2 showing the closer view of the bamboo fenced

Roberto constructed. The cement blocks shown at the picture
belongs to the member of Lakas Bisig to be used for the
construction of his house.

12. Panunumpa sa Katungkulan Certificate dated March 6, 2017.

III. TESTIMONIAL EVIDENCE

The defense will present the following witnesses:

1. Defendants, Jun Alit and Jong France Limpit, to testify the

truth and to refute all the allegations contained in the complaint.

2. Such additional witnesses as the progress of the case so

require.

Respectfully submitted.

12nd day of January 2018.

Antipolo City, Rizal, Philippines.

Atty. ______________________________
Counsel for Defendants,

Copy furnished:

THE CLERK OF COURT

Metropolitan Trial Court
City of Marikina
Branch 2

ATTY. _______________
Counsel for the Plaintiff

Explanation:

Considering the lack of manpower requirement to effect personal

service of this Pre-trial Brief, herein defendants served the clerk of court
of MTCC Branch 2 and plaintiffs counsel a copy of the same by registered
mail. The kind understanding of the court is sought for.

Atty. __________________________________
Counsel for the Defendants
Jun Alit and Jong France Limpit